Podcast
Questions and Answers
What is the recommended action for optometrists regarding contact lens compliance?
What is the recommended action for optometrists regarding contact lens compliance?
What should optometrists do to minimize malpractice risks during exams?
What should optometrists do to minimize malpractice risks during exams?
What is essential for optometrists as a defense against malpractice claims?
What is essential for optometrists as a defense against malpractice claims?
Which action should optometrists take if a patient refuses to sign a confirmation of prescription release?
Which action should optometrists take if a patient refuses to sign a confirmation of prescription release?
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What should optometrists do to confirm that a patient received their prescription?
What should optometrists do to confirm that a patient received their prescription?
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What is recommended for optometrists in examining contact lens patients?
What is recommended for optometrists in examining contact lens patients?
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What is emphasized as a tip to avoid malpractice claims?
What is emphasized as a tip to avoid malpractice claims?
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What is the recommended action regarding contact lens compliance according to the FTC rule AOA (June 2020)?
What is the recommended action regarding contact lens compliance according to the FTC rule AOA (June 2020)?
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What is the definition of negligence in optometry?
What is the definition of negligence in optometry?
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What does duty in optometry refer to?
What does duty in optometry refer to?
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What is breach in optometry?
What is breach in optometry?
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How is the standard of care in optometry usually defined?
How is the standard of care in optometry usually defined?
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What does causation in negligence refer to?
What does causation in negligence refer to?
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What is damage in optometry?
What is damage in optometry?
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What constitutes criminal negligence in optometry?
What constitutes criminal negligence in optometry?
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What is a sample case of negligence in optometry?
What is a sample case of negligence in optometry?
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What does assault in optometry involve?
What does assault in optometry involve?
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What does battery in optometry refer to?
What does battery in optometry refer to?
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What was the median malpractice payment reported by optometrists in the study?
What was the median malpractice payment reported by optometrists in the study?
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In the case of Keir vs. the United States, what new standard was mandated by a federal court ruling?
In the case of Keir vs. the United States, what new standard was mandated by a federal court ruling?
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What did the delayed diagnosis of a brain tumor in a 13-year-old girl result in?
What did the delayed diagnosis of a brain tumor in a 13-year-old girl result in?
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What did the optometrist fail to perform in the malpractice case involving the delayed brain tumor diagnosis?
What did the optometrist fail to perform in the malpractice case involving the delayed brain tumor diagnosis?
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What was the range of malpractice payments reported by optometrists in the study?
What was the range of malpractice payments reported by optometrists in the study?
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What did the delayed diagnosis in the malpractice case lead to?
What did the delayed diagnosis in the malpractice case lead to?
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What testimony may ophthalmologists provide in malpractice suits against optometrists?
What testimony may ophthalmologists provide in malpractice suits against optometrists?
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What did the analysis of malpractice payments by optometrists aim to describe?
What did the analysis of malpractice payments by optometrists aim to describe?
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What did the malpractice case involving the delayed brain tumor diagnosis highlight the importance of?
What did the malpractice case involving the delayed brain tumor diagnosis highlight the importance of?
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What is the percentage of malpractice payments by optometrists that were less than $1,000,000?
What is the percentage of malpractice payments by optometrists that were less than $1,000,000?
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What are ophthalmologists not considered in comparison to optometrists in terms of providing testimony?
What are ophthalmologists not considered in comparison to optometrists in terms of providing testimony?
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What did the case of Keir vs. the United States and the malpractice case involving the delayed brain tumor diagnosis underscore?
What did the case of Keir vs. the United States and the malpractice case involving the delayed brain tumor diagnosis underscore?
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What did Justice Cardozo's opinion in Schoendorff v. Society of New York Hospital establish?
What did Justice Cardozo's opinion in Schoendorff v. Society of New York Hospital establish?
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What must optometrists discuss with the patient before invasive procedures?
What must optometrists discuss with the patient before invasive procedures?
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What can lead to liability under negligence if not provided adequately?
What can lead to liability under negligence if not provided adequately?
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What may lead to liability for assault and battery if not obtained prior to a beneficial procedure?
What may lead to liability for assault and battery if not obtained prior to a beneficial procedure?
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What reasons may lead to a patient suing an optometrist?
What reasons may lead to a patient suing an optometrist?
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What does malpractice insurance typically cover?
What does malpractice insurance typically cover?
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What do co-management relations between optometrists and ophthalmologists involve?
What do co-management relations between optometrists and ophthalmologists involve?
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What does vicarious liability hold optometrists responsible for?
What does vicarious liability hold optometrists responsible for?
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What does malpractice insurance typically cover?
What does malpractice insurance typically cover?
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What are common causes of malpractice claims in optometry?
What are common causes of malpractice claims in optometry?
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What do notable malpractice cases in optometry emphasize?
What do notable malpractice cases in optometry emphasize?
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What does malpractice insurance typically cover?
What does malpractice insurance typically cover?
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What is the standard of care in optometry?
What is the standard of care in optometry?
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What is the definition of malpractice in optometry?
What is the definition of malpractice in optometry?
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What does negligence in optometry refer to?
What does negligence in optometry refer to?
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What is the significance of informed consent in optometry?
What is the significance of informed consent in optometry?
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What is the definition of medical malpractice?
What is the definition of medical malpractice?
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What is the primary focus of optometry in relation to malpractice prevention?
What is the primary focus of optometry in relation to malpractice prevention?
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According to Chris Mazzolini, what proportion of physicians will face a malpractice suit at some point in their career?
According to Chris Mazzolini, what proportion of physicians will face a malpractice suit at some point in their career?
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Study Notes
Malpractice Cases and Standards of Care in Optometry
- Keir vs. the United States set a precedent by requiring tonometry on every patient, regardless of age, due to an ophthalmologist's failure to perform the test.
- A federal court's ruling in Keir vs. the United States led to a new standard mandating dilation on nearly every patient, influencing future malpractice cases.
- A 13-year-old girl's delayed diagnosis of a brain tumor resulted in blindness, leading to a $9.2 million malpractice award against the optometrist.
- The optometrist in the malpractice case failed to perform automated visual fields when the patient's vision was uncorrectable to 20/20, despite normal fundus exam results.
- The optometrist was found culpable for malpractice in the landmark case, as the delayed diagnosis led to irreversible vision loss.
- Ophthalmologists may not provide standard of care testimony against optometrists, as they are not considered the "same health profession."
- Ophthalmologists may, however, testify about causation and in optometric failure-to-refer cases in malpractice suits.
- A study analyzing malpractice payments by optometrists reported a total of 609 malpractice payments nationally, with a median payment of $57,500 and a mean of $156,055.
- The study found that 99% of malpractice payments by optometrists were less than $1,000,000, with payments ranging from $50 to $2,050,000.
- The analysis aimed to describe characteristics and trends of malpractice payments by optometrists as they assumed increasing prescriptive authority.
- The malpractice case involving the delayed diagnosis of a brain tumor highlighted the importance of thorough and timely optometric examinations, especially when symptoms are of recent onset and visual acuity is uncorrectable.
- The case of Keir vs. the United States and the malpractice case involving the delayed brain tumor diagnosis underscore the significant impact of malpractice cases on shaping standards of care in optometry.
Informed Consent and Malpractice in Optometry
- Justice Cardozo's opinion in Schoendorff v. Society of New York Hospital establishes a physician's duty to obtain patient consent.
- Assault and battery tend to occur together in optometry, requiring informed consent before invasive procedures.
- Optometrists must discuss the nature, risks, benefits, and alternatives of a procedure with the patient.
- Failure to provide adequate information in written consent can lead to liability under negligence.
- Lack of informed consent prior to a beneficial procedure may lead to liability for assault and battery.
- A case example illustrates a patient experiencing adverse effects after a procedure performed without informed consent.
- Reasons for a patient to sue an optometrist include negligence and battery.
- Vicarious liability holds optometrists responsible for the conduct of their employees.
- Co-management relations between optometrists and ophthalmologists involve joint and several liability.
- Malpractice insurance typically covers negligent misconduct, not intentional wrongdoing.
- Common causes of malpractice claims in optometry include failure to diagnose, refer, recognize diseases, and provide continuing care.
- Notable malpractice cases in optometry include Tempchin v. Sampson and Steele v. United States, emphasizing the expected skill level of optometrists.
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Description
Test your knowledge of malpractice cases and standards of care in optometry with this quiz. Explore landmark cases, legal precedents, informed consent, liability, and malpractice insurance specific to the field of optometry.